GERA DEVELOPMENTS PVT. LTD.,,PUNE vs. ASST. CIT, CIRCLE 1(2), PUNE

In the result, appeal of the Revenue is dismissed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No. 597/Pun/2013 िनधा"रण वष" / Assessment Year : 2005-06

section 37(1) of the Act will not come to this picture as no contravention of any law is made out by the AO. Therefore, AO shall note that these expenses are allowable for working out the excess expenditure spent outside the books of account. Therefore, this part of the arguments of Ld. DR stands dismissed. 24. In the result

DY. CIT, CIRCLE 1(2), PUNE vs. GERA DEVELOPMENT PVT. LTD.,, PUNE

In the result, appeal of the Revenue is dismissed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No. 597/Pun/2013 िनधा"रण वष" / Assessment Year : 2005-06

section 37(1) of the Act will not come to this picture as no contravention of any law is made out by the AO. Therefore, AO shall note that these expenses are allowable for working out the excess expenditure spent outside the books of account. Therefore, this part of the arguments of Ld. DR stands dismissed. 24. In the result

JAYA HIND INDUSTRIES LIMITED,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 9,, PUNE

In the result, the appeal filed by the assessee stands allowed

depreciation. If the expenditure is treated as revenue expenditure, it is either taken as an expenditure under Section 37(1) for computing

COVENTYA INDIA PRIVATE LIMITED,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,, PUNE

In the result, the appeal of assessee is allowed

Bench: Shri Anil Chaturvedi & Shri Partha Sarathi Chaudhury

37 of Income Tax Act 1961. 3. The learned CIT(A)-1, Pune & the learned AO erred in law and on facts in not treating following assets as eligible intangible assets as defined u/s 32 of Income tax act 1961 and thereby making disallowance of depreciation @ 25% amounting to Rs.1,38,62,500/- Sr No Description of asset

COVENTYA INDIA PRIVATE LIMITED,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX,, PUNE

In the result, the appeal of assessee is allowed

Bench: Shri Anil Chaturvedi & Shri Partha Sarathi Chaudhury

37 of Income Tax Act 1961. 3. The learned CIT(A)-1, Pune & the learned AO erred in law and on facts in not treating following assets as eligible intangible assets as defined u/s 32 of Income tax act 1961 and thereby making disallowance of depreciation @ 25% amounting to Rs.1,38,62,500/- Sr No Description of asset

ASHOK NARAYAN BHOSALE,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 8,, PUNE

In the result, appeal of the Assessee is Partly Allowed

Bench: Shri Partha Sarathi Chaudhury, Jm & Dr. Dipak P. Ripote, Am आयकरअपीलसं. / Ita No.1501/Pun/2017 िनधा"रण वष" / Assessment Year : 2013-14 Ashok Narayan Bhosale, The Deputy Commissioner Of Ashok Narayan Bhosle Bunglow At Vs Income Tax, Kaveri Nagar, Pratham Housing Cirlce-8, Pune. Society, Wakad, Pune – 411057. Pan: Aaspb 3588 Q Appellant/ Assessee Respondent /Revenue Assessee By None Revenue By Shri S.P.Walimbe - Dr Date Of Hearing 10/03/2022 Date Of Pronouncement 14/03/2022

37,240/-. The case was selected for scrutiny through CASS. The notice under section 143(2) of the Act was issued on 08.09.2014 to the assessee. The Assessment Order was passed on 29/09/2015 making addition of Rs.85,47,488/- on account of Disallowance of Additional Depreciation

NIHILENT TECHNOLOGIES P.LTD.,PUNE vs. ITO, PUNE

In the result, the appeal of assessee is partly allowed in the terms aforesaid

Bench: Shri Anil Chaturvedi, Am & Shri Vikas Awasthy, Jm

depreciation, whichever is lower.‖ 8. We find that the decision rendered by AAR in the case of Rastriya Ispat Nigam Ltd. (supra) and the order of Tribunal in the case of Kirloskar Ferrous Industries Ltd. (supra) are unanimous in the manner of computation of book profits, as provided in clause (iii) to Explanation 1 of section 115JB

SHRINIWAS ENGINEERING AUTO COMPONENTS PVT. LTD.,PUNE vs. ACIT, CIRCLE-5, PUNE, PUNE

In the result, ITA Nos. 154 to 156/PUN/2025 filed by the assessee are partly allowed for statistical purposes, ITA

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.154 To 156/Pun/2025 Assessment Years : 2016-17 To 2018-19

section 43 (1) is squarely applicable to the subsidy i.e. the subsidy is relatable to assets. (c) While interpreting the expression "in accordance with" the Hon'ble Supreme Court in para 96 of its judgement in the case of State of Shriniwas Engineering Auto Components Pvt. Ltd. A.Ys. 2016-17 to 2020-21 Haryana Vs State of Punjab

DY. COMMISSIONER OF INCOME-TAX, CIRCLE-5, PUNE vs. SHRINIWAS ENGINEERING AUTO COMPONENTS PVT. LTD., PUNE

In the result, ITA Nos. 154 to 156/PUN/2025 filed by the assessee are partly allowed for statistical purposes, ITA

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.154 To 156/Pun/2025 Assessment Years : 2016-17 To 2018-19

section 43 (1) is squarely applicable to the subsidy i.e. the subsidy is relatable to assets. (c) While interpreting the expression "in accordance with" the Hon'ble Supreme Court in para 96 of its judgement in the case of State of Shriniwas Engineering Auto Components Pvt. Ltd. A.Ys. 2016-17 to 2020-21 Haryana Vs State of Punjab

SHRINIWAS ENGINEERING AUTO COMPONENTS PVT. LTD,PUNE vs. NATIONAL FACELESS APPEAL CENTRE, PUNE

In the result, ITA Nos. 154 to 156/PUN/2025 filed by the assessee are partly allowed for statistical purposes, ITA

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.154 To 156/Pun/2025 Assessment Years : 2016-17 To 2018-19

section 43 (1) is squarely applicable to the subsidy i.e. the subsidy is relatable to assets. (c) While interpreting the expression "in accordance with" the Hon'ble Supreme Court in para 96 of its judgement in the case of State of Shriniwas Engineering Auto Components Pvt. Ltd. A.Ys. 2016-17 to 2020-21 Haryana Vs State of Punjab

ACIT, CIRCLE-5, PUNE, PUNE vs. SHRINIWAS ENGINEERING AUTO COMPONENTS PRIVATE LIMITED, PUNE

In the result, ITA Nos. 154 to 156/PUN/2025 filed by the assessee are partly allowed for statistical purposes, ITA

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.154 To 156/Pun/2025 Assessment Years : 2016-17 To 2018-19

section 43 (1) is squarely applicable to the subsidy i.e. the subsidy is relatable to assets. (c) While interpreting the expression "in accordance with" the Hon'ble Supreme Court in para 96 of its judgement in the case of State of Shriniwas Engineering Auto Components Pvt. Ltd. A.Ys. 2016-17 to 2020-21 Haryana Vs State of Punjab

SHRINIWAS ENGINEERING AUTO COMPONENTS PVT. LTD,PUNE vs. NATIONAL FACELESS APPEAL CENTRE, PUNE

In the result, ITA Nos. 154 to 156/PUN/2025 filed by the assessee are partly allowed for statistical purposes, ITA

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.154 To 156/Pun/2025 Assessment Years : 2016-17 To 2018-19

section 43 (1) is squarely applicable to the subsidy i.e. the subsidy is relatable to assets. (c) While interpreting the expression "in accordance with" the Hon'ble Supreme Court in para 96 of its judgement in the case of State of Shriniwas Engineering Auto Components Pvt. Ltd. A.Ys. 2016-17 to 2020-21 Haryana Vs State of Punjab

KPIT CUMMINS GLOBAL BUSINESS SOLUTIONS LTD., (NOW MERGED WITH KPIT CUMMINS INFOSYSTEMS LTD),PUNE vs. ACIT, CIRCLE 11(1), PUNE

In the result, appeal of assessee relating to assessment year 2008-09 is partly allowed, appeal of assessee relating to assessment year 2009-10 and appeal of Revenue are partly allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.246/Pun/2013 यििाारण वषा / Assessment Year : 2008-09

section 10A of the Act. The assessee had also claimed depreciation on intangible assets i.e. Right to Render Business process outsourcing service. The opening WDV of intangible assets was ₹ 20,67,31,603/- and the assessee had claimed depreciation of ₹ 2,29,70,178/-. The closing WDV of said asset was ₹ 18,37

ASSISTANT COMMISSIONER OF INCOME-TAX vs. M/S. KPIT TECHNOLOGIES LTD.,, PUNE

In the result, appeal of assessee relating to assessment year 2008-09 is partly allowed, appeal of assessee relating to assessment year 2009-10 and appeal of Revenue are partly allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.246/Pun/2013 यििाारण वषा / Assessment Year : 2008-09

section 10A of the Act. The assessee had also claimed depreciation on intangible assets i.e. Right to Render Business process outsourcing service. The opening WDV of intangible assets was ₹ 20,67,31,603/- and the assessee had claimed depreciation of ₹ 2,29,70,178/-. The closing WDV of said asset was ₹ 18,37

KPIT CUMMINS GLOBAL BUSINESS SOLUTIONS LTD.,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, appeal of assessee relating to assessment year 2008-09 is partly allowed, appeal of assessee relating to assessment year 2009-10 and appeal of Revenue are partly allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.246/Pun/2013 यििाारण वषा / Assessment Year : 2008-09

section 10A of the Act. The assessee had also claimed depreciation on intangible assets i.e. Right to Render Business process outsourcing service. The opening WDV of intangible assets was ₹ 20,67,31,603/- and the assessee had claimed depreciation of ₹ 2,29,70,178/-. The closing WDV of said asset was ₹ 18,37

SHRINIWAS ENGINEERING AUTO COMPONENTS PVT. LTD,PUNE vs. ITO WARD6(1), PUNE

In the result, ITA Nos.154 to 156/PUN/2025 filed by the\nassessee are partly allowed for statistical purposes, ITA\nNo

section 2 (24) does not mean that in\norder to exclude the government subsidy from the definition of\nincome the assessee has to established that the explanation 10 to\nsection 43 (1) is squarely applicable to the subsidy i.e. the subsidy is\nrelatable to assets.\n\n(c) While interpreting the expression \"in accordance with\" the Hon'ble\nSupreme Court

M D INDIA HEALTHCARE SERVICES (TPA) PVT. LTD.,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of assessee is partly allowed in the terms aforesaid

Bench: Shri Anil Chaturvedi, Am & Shri Vikas Awasthy, Jm

section 37(1) of the Act does not apply to such understanding between the two private parties. The Kolkata Bench of Tribunal in ITO Vs. M/s. MPR Marketings Pvt. Ltd. (supra) has laid down similar proposition, which has been approved by the Hon’ble High Court of Calcutta and we find support from the said ratio. Accordingly, we allow

ACIT, PUNE vs. SHRINIWAS ENGINEERING AUTO COMPONENTS PRIVATE LIMITED, PUNE

In the result, ITA Nos.154 to 156/PUN/2025 filed by the\nassessee are partly allowed for statistical purposes, ITA\nNo

section 2 (24) does not mean that in\norder to exclude the government subsidy from the definition of\nincome the assessee has to established that the explanation 10 to\nsection 43 (1) is squarely applicable to the subsidy i.e. the subsidy is\nrelatable to assets.\n(c) While interpreting the expression \"in accordance with\" the Hon'ble\nSupreme Court